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interrupted without loss and injury to the parties, and which will, in his opinion, continue for more than three days to come, or is disabled from acting by sickness or otherwise, it shall be the duty of such judge to call in and appoint the district judge of an adjoining district, to sit upon such board of arbitrators, and such appointed judge shall have the same power and perform the same duties as member of the board of arbitration as are vested in and charged upon the district judge regularly sitting, and he shall receive the same compensation, now provided by law, to a judge sitting by appointment, upon a change of judge in civil cases, to be paid in the same way.

Sec. 651. If the parties to any such labor controversy shall have Commission failed at the end of five days, after the first communication of said may investigate. labor commission to them, to adjust their differences amicably, or to agree to submit the same to arbitration, it shall be the duty of the labor commission to proceed at once to investigate the facts attending the disagreement.

In this investigation, the commission shall be entitled, upon request, Attorney-gento the presence and assistance of the attorney-general of the State, in eral. person or by deputy, whose duty it is hereby made to attend, without delay, upon request, by letter or telegram, from the commission. For the purpose of such' investigation, the commissioners shall have witnesses. powerto issuesubpænas and each of thecommissioners shall have power to administer oaths and affirmations. Such subpæna shall be under seal of the commission, and signed by the secretary of the commission, or a member of it, and shall command the attendance of the person or persons named in it, at a time and place named, which subpoena may be served and returned as other process by any sheriff or constable in the State.

In case of disobedience of any such subpoena or the refusal of any witness to testify, the district court having jurisdiction or the judge thereof, during vacation, shall, upon the application of the labor commission, grant a rule against the disobeying person or persons or the person refusing to testify, to show cause, forth with why he or they should not obey such subpæna or testify as required by the commission, or be adjudged guilty of contempt, and in such proceedings, such court, or the judge thereof, in vacation, shall be empowered to compel obedience to such subpæna, as in the case of subpena issued under the order of and by the authority of the court, or to compel a witness to testify as witnesses in court are compelled to testify. But no person shall be required to attend as a witness at any place outside the county of his residence. Witnesses called by the labor commission, under this section, shall be paid $2 per diem fees out of the expense fund provided, if such payment is claimed at the time of their examination.

Sec. 652. Upon the completion of the investigation authorized by Report. the last preceding section, the labor commission shall forth with report the facts thereby disclosed, affecting the merits of the controversy, in a brief and condensed form to the governor.

Sec. 653. Any employer shall be entitled, in his response to the in- Disclosures quiries made of him by the commission in the investigation provided confidential. for in the last two preceding sections, to submit in writing to the commissioner a statement of any facts material to the inquiry, the publi(ation of which would be likely to be injurious to his business, and the facts so stated shall be taken and held as confidential, and shall not be disclosed in the report or otherwise.

SEC. 654. Said commissioners shall receive a compensation of six Compensation. dollars each per diem, for the time actually expended, and actual and necessary traveling and hotel expenses, while absent from home in the performance of duty, and each of the two members of the board of arbitration, chosen by the parties under the provisions hereof, shall receive the same compensation for the days occupied in service, upon the board. The attorney-general or his deputy shall receive his necessary and actual traveling expenses while absent from home in the service of the commission. Such compensation and expenses shall be pairl by the state treasurer upon warrants drawn by the auditor upon itemized and verified accounts of time spent and expenses paid. All such accounts, except those of the commissioners, shall be certified as correct by the commissioners, or one of them, and the accounts of the commissioners shall be certified by the secretary of the commission.

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The arbitrations and investigations provided for in this subdivision shall be conducted with all reasonable promptness and dispatch, and no member of any board of arbitration shall be allowed payment for more than fifteen days' service, in any one arbitration, and no commissioner shall be allowed payment for more than ten days' service in the making of the investigation provided for in section 651 and sections following.

CHAPTER 16.--Employment of aliens on public works.
Aliens not to SECTION 655. No person not a citizen of the United States, or who
be employed. has not declared his intentions to become such, or who is not eligible

to become such, shall be employed upon any State or municipal works;
nor shall any such person be employed by any contractor to work on
any public works of the State or any municipality: Provided, That any
State prisoner may be employed within the State prison grounds and

·as provided in section 3, article 13, of the constitution.
Corporations. SEC. 656. No county government or municipal or private corporation

organized under the laws of this state, or organized under the laws of
another State or Territory or in a foreign country and doing business
in this State, shall give employment in any way to any alien who has
failed, neglected, or refused, prior to the time such employment is
given, to become naturalized or declare his intention to become a

citizen of the United States.
Discharge Sec. 657. Whenever employment has been innocently given to any
complaint made. alien by any county government, municipal or private corporation

mentioned in section 655, and complaint shall be made in writing by
any person to the officer of the county government, or municipal cor-
poration, or general manager, superintendent, foreman, or other agent
of the private corporation, having charge or superintendency of the
labor of such alien employee, that such employee is an alien, he shall
forth with discharge such employee from employment unless said
employee shall produce his declaration to become a citizen, or his
certificate of naturalization, or a duly certified copy thereof.

CHAPTER 16.- Employment offices.
Permit SECTION 658. No person or persons shall carry on, hold, or keep any
quired. labor agency, or bureau of employment without first having obtained

written permission of the county commissioners of the county wherein
said agency or bureau is to be located.

Sec. 659. Before any person or persons shall be permitted to open,
keep, or conduct any labor agency or bureau of employment within
the jurisdiction of said county, he shall furnish a bond with good and
solvent security in favor of the chairman of said county commissioners
in the full sum and amount of five thousand dollars ($5,000), condi-
tioned that he shall well and truly carry out the purposes for which
said agency shall have been established, and that he shall pay all such
damages which may result from his or their actions as such agent or
agents, keeper or keepers of said bureau of employment and that any-
one who may have been injured or damaged by said agent or agents
by any act done in furtherance of said business or by fraud or misrep-
resentations of said agents or keepers, shall have a right to sue for the
recovery of such damages before any court of competent jurisdiction.

CHAPTER 46.--Liability of employers for road tax of employees. Notice charges Section 1177. Corporations or other employers of residents in any employer. highway district, are responsible for the road poll tax assessed against

their employees, and a notice to the employer or managing agent
requiring the payment of the road poll tax of the employee, charges
such employer or corporation with such road poll tax.

CHAPTER 57.-Liability of employers for poll tax of employees. Notice charges SECTION 1467. Every person, company, or corporation indebted to employer.

one who neglects or refuses, after demand, to pay a poll tax for which
he is liable, becomes liable therefor, and must pay the same after

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service upon him, or upon any member or agent of such company or agent of euch corporation, by the collector, of a notice in writing stating the name of any such delinquent.

Sec. 1468. Every person, company or corporation paying the poll Deduction tax of another may deduct the same from any indebtedness to such from wages. person.

PART II.--CIVIL CODE.

CHAPTER 79.— Earnings of minors. SECTION 2073. The wages of a minor employed in service may be Minor entitled paid to him, unless within thirty days after the commencement of the to earnings, service, the parent or guardian entitled thereto gives the employer

when. notice that he claims such wages.

Part III.-CODE OF CIVIL PROCEDURE.

CHAPTER 126.-Right of action for injuries causing death--Limitation.
SECTION 3128. The periods prescribed for the commencement of Limitation of

two years. actions other than for the recovery of real property, are as follows:

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Sec. 3133. Within two years:

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4. An action to recover damages for the death of one caused by the wrongful act of another;

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CHAPTER 127.-Right of action for injuries causing death. SECTION 3164. A father, or in case of his death or desertion of his Death of family, the mother, may maintain an action for the injury or death minor. of a minor child, and a guardian for the injury or death of his ward, when such injury or death is caused by the wrongful act or neglect of another. Such action may be maintained against the person causing the injury or death, or if such person be employed by another person, who is responsible for his conduct, also against such other person.

It must be affirmatively shown that the death resulted from the negligence of the deiendant, and that the negligence of the plaintiff did not contribute to the result. 40 Pac. Rep. 56.

Sec. 3165. When the death of a person, not being a minor, is caused Negligence by the wrongful act or neglect of another, his heirs or personal repre- causing death. sentatives may maintain an action for damages against the person causing the death; or if such person be employed by another person who is responsible for his conduct, then also against such other person. In every action under this and the preceding section such damages may be given as under all the circumstances of the case may be just.

CHAPTER 139.— Wages preferredIn assignments, etc. Section 3368. In all assignments of property made by any person Assignments. to trustees or assignees, or in proceedings in insolvency, the wages of the miners, mechanics, salesma[e]n, servants, clerks or laborers for services rendered within sixty days next preceding such assignment not exceeding one hundred and fifty dollars are preferred claims, and must be paid by such trustees or assignees before any creditor or Wages to creditors of the assignor or insolvent debtor: Provided, That whenever paid first. any such miner, mechanic, salesman, servant, clerk or laborer has filed a notice of lien against any property of the assignor, he may elect between the provisions of this section and his lien.

SEC. 3369. In case of the death of any employer the wages of each Administraminer, mechanic, salesman, clerk, servant and laborer for services tion. rendered within the sixty days next preceding the death of the employer not exceeding one hundred and fifty dollars, rank in priority Order of paynext after the funeral expenses; expenses of the last sickness, the ment charges and expenses of administering upon the estate, and the allow

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ance to the widow and infant children, and must be paid before any

other claims against the estate of the deceased person. Executions, Sec. 3370. In cases of executions, attachments and writs of similar

nature issued against any person or his property, except for claims for labor done, any miners, mechanics, salesmen, servants, clerks or laborers who have claims against the defendant for labor done upon the property levied on may give notice of their claim and the amount thereof, sworn to by the person making the claim, to the creditor or

his agent or attorney and the officer executing any of such write, at Wages to be any time before the actual sale of the property levied upon; and, unless paid first.

such claiin is disputed by the debtor or creditor, such officer must pay to such person out of the proceeds of the sale of any property on which such person has bestowed Jabor the amount he is entitled to receive for his services rendered within the sixty days next preceding the levy of the writ.

CHAPTER 149.- Exemption of wages from execution. Thirty days' SECTION 3542. * the following property belonging to an actual earnings ex- resident of the State, is exempt from execution, except as herein otherempt.

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Seventh. The earnings of a judgment debtor for his personal services rendered at any time within thirty days next preceding the levy of the execution, or levy of attachment, when it appears by the debtor's affidavit or otherwise that such earnings are necessary for the use of his family residing in this State supported wholly or in part by his labor. *

* Exemption continues while exempt wages or earnings are under the control of the debtor, although temporarily in the hands of another, 2 Idaho 1142.

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CHAPTER 169.--Suits for wages-Attorney's fees.

Attorney's fees SECTION 3721. Whenever a mechanic, artisan, miner, laborer, servallowed, when. ant, or employee, shall have cause to bring suit for wages earned and

due, according to the terms of his employment, and shall establish by the decision of the court or verdict of the jury, that the amount for which he has brought suit is justly due, and that a demand has been made in writing, at least fifteen days before suit was brought, for a sum not to exceed the amount so found due; then it shall be the duty of the court, before which the case shall be tried, to allow to the plaintiff a reasonable attorney's fee, in addition to the amount found due for wages, to be taxed as costs of suit. In a justice's court, such attorney's fee shall not be more than five dollars, and in the district court, not more than ten dollars, except in cases on appeal from justice's court, when the plaintiff may recover an attorney's fee not exceeding twenty-five dollars.

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PART IV.-PENAL CODE.

CHAPTER 210.- Protection of employees as voters.

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Threatening SECTION 4585. No person shall attempt to influence the vote of any discharge. elector by means of

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CHAPTER 216.--Negligence of operators of steam boilers, etc. Negligence SECTION 4750. Every person having charge of any steam boiler or causing death. steam engine, or other apparatus for generating or employing steam,

used in any manufactory, or on any railroad, or in any vessel, or in any kind of mechanical work, or for heating, who willfully, or from ignorance or neglect, creates, or allows to be created, such an undue quantity of steam as to burst or break the boiler, engine, or apparatus,

or to cause any other accident whereby the death of a human being Penalty.

is produced, is punishable by imprisonment in the State prison for not less than one nor more than ten years.

CHAPTER 216.- Negligence of employees on railroads— Intoxication. Section 4751. Every conductor, engineer, brakeman, switchman, Negligence or other person having charge, wholly or in part, of any railroad car, locomotive, or train, who willfully or negligently suffers or causes the same to collide with another car, locomotive or train, or with any other object or thing whereby the death of a human being is produced, is punishable by imprisonment in the State prison for not less than one nor more than ten years.

SEC. 4754. Every person who is intoxicated while in charge of a Intoxication of locomotive engine, or while acting as conductor or driver upon any

engineers, etc. railroad train or car, whether propelled by steam or drawn by horses, or while acting as train dispatcher or as telegraph operator, receiving or transmitting dispatches in relation to the movement of trains, is guilty of a misdemeanor.

SEC. 4756. Every engineer, conductor, brakeman, switchtender, or Negligence enother officer, agent, or servant of any railroad company, who is guilty dangering life. of any willful violation or omission of his duty as such officer, agent, or servant, whereby human life or safety is endangered, the punishment of which is not otherwise prescribed, is guilty of a misdemeanor.

CHAPTER 216.- Mine regulations. SECTION 4761. Upon the neglect or refusal of any owner, lessor, lessee, Disregard of agent, manager or other person in charge, notified to comply with the orders of mine requirements stated in the notice provided in section 144 of the Politi- inspectors. cal Code, such owner, lessor, lessee, agent, manager or other person in charge of such mine shall be deemed guilty of a misdemeanor, and is punishable by a fine of not more than five hundred dollars, and each Penalty. day's continuance of such neglect or refusal shall be a separate offense, and in case of any criminal or civil proceeding at law against the party or parties so notified, on account of the loss of life, or bodily injury sustained by any employee subsequent to the service of such' notice, and in consequence of a neglect or refusal to obey the inspector's requirements, a certified copy of the notice served by the inspector shall be prima facie evidence of the culpable negligence of the party Evidence. or parties so notified.

CHAPTER 219.Employment of aliens on public works. SECTION 4857. Any public officer or [of] any county government, or Officers, etc., municipal corporation, or any general manager, superintendent, fore-employing al

. man, or other agent of any private corporation, or any contractor or agent of any company engaged in public work, who shall violate any of the provisions of sections 656 and 657 of the Political Code, who shall knowingly give employment to any alien or who having innocently given such employment shall on complaint being made to him by any person fail or refuse to discharge any such employee forth with on the failure or refusal of such employee to produce for his inspection and the inspection of the complainant his declaration of intentions to become a citizen, or certificate of naturalization as provided in section 657 of the Political Code, shall be deemed guilty of a misdemeanor. CHAPTER 219.- Protection of employees as members of labor organizations.

SECTION 4858. It shall be unlawful for any person, firm, or corpora- Restraining tion to make or enter into any agreement, either oral, or in writing, by employees from the terms of which any employee of such person, firm or corporation, union.

membership in or any person about to enter the employ of such person, firm or corporation, as a condition for continuing or obtaining such employment, shall promise or agree not to become or continue a member of a labor organization.

SEC. 4859. Any person or persons or corporation violating the pro- Penalty. visions of the preceding section, shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not less than fifty nor more than three hundred dollars or be imprisoned in the county jail for not more than six months, or by both such fine and imprisonment.

H. Doc. 733, 58–2-18

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